Chichester Board of Selectmen
SELECTMEN’S MINUTES
May 4, 2004
PRESENT: Chairman Colbert, Selectman DeBold, Selectman MacCleery and Administrator Lisa Stevens
Chairman Colbert opened the meeting at 7:00pm.
SUBJECT: Engineering Proposals-Webster Mills Bridge
PRESENT: Shari Demers-SEA Consultants
Ms. Demers; marketing manager for SEA Consultants and town resident, asked the two Selectmen who did not vote for SEA, what criteria they based their decision on when selecting CLD Engineering. Chairman Colbert responded by saying he preferred the presentation by CLD and the shorter time frame given for completion of the project.
Selectman DeBold, who did vote for SEA stated his decision, was based solely on experience and the fact that SEA has done forty-seven (47) percent of all bridge projects in this program.
Selectman MacCleery when reading through the proposals, looked at all the projects each firm had worked on, not just bridge work as well has how long the company has been in business.
Ms. Demers stated she was satisfied with the Selectmen’s response as an SEA employee but that she was still concerned from a resident’s standpoint. She felt SEA was the most qualified and had more local knowledge than that of the firm selected. Ms. Demers continued by adding that ninety-five (95) percent of the work handled through SEA’s New Hampshire office, is bridge work. On a final note, she offered her continued help and support to the selectmen.
SUBJECT: 2003 Audit Follow-up
PRESENT: Armand Martineau; auditor from the firm Plodzik & Sanderson
Mr. Martineau reviewed the audit report with the selectmen. The new accounting format was discussed along with the suggestion of using a manifest system. The Board explained their reasoning for the new detailed format and the fact that they preferred to review each bill and sign each check. Mr. Martineau stated this was certainly a strong indicator of quality assurance. Selectman DeBold asked if Mr. Martineau uncovered any improprieties. The response was no.
SUBJECT: Fallen Tree – West Road
Present: Mr. & Mrs. Thomas Parent
A large portion of a tree located in the town’s right of way split and came down during a heavy wind storm a few weeks ago. When the tree fell, it took down power lines and damaged the Parent’s property where the power lines were attached to the house. Ms. Parent is concerned that the remainder of the tree will come down during the next heavy wind or storm. When it falls it will strike their garage and boat. At the present time she feel that area of her yard is unsafe and does not want the children out playing around there. Ms. Parent has contacted Bartlett Tree Service about the cost to have the remainder of the tree taken down. The Selectmen informed the Parent’s that they have discussed this issue with the Road Agent and are looking into removing the remainder of the
tree. The Road Agent, Mr. Kenneally has contacted a tree service as well. The Board indicated that Mr. Kenneally would be in contact with the Parents. The Parents would like the wood from the tree and were told to let Mr. Kenneally know where it should be stacked on their property.
SUBJECT: Wetland Ordinance
PRESENT: Mr. Mark Drew
Mr. Drew has been involved with the Planning Board since last October regarding his property on Horse Corner Road. Mr. Drew has been told he needs to submit a site review plan before receiving an approval to hang a sign on this property. Mr. Drew has contacted his engineering firm, Holden Engineering for this service. The engineering firm, because of their knowledge of the new wetlands ordinance in the Town of Chichester, states they must delineate the wetlands. There are no wetlands on Mr. Drew’s property; however there are wetlands on the abutting property. Mr. Drew stated the new ordinance is unconstitutional. It creates an unlawful taking of one’s property by rendering it useless land. According to the ordinance, no structure can be erected within the hundred foot buffer
zone; you can’t even install a septic system. Mr. Drew asked how the ordinance got on the ballot; was it studied properly first and what was the procedure to remove this ordinance should the town find it to be illegal. Mr. Drew stated that just because the Planning Board puts an ordinance on the ballot and the Town votes it in, does not mean it can supercede the constitution of the United States. Mr. Drew believes this ordinance is arbitrary and there is no basis for the one hundred foot (100) buffer zone. Mr. Drew went on to further state he did not believe the Board of Selectmen can enforce this ordinance.
Secondly, Mr. Drew asked the Board if the Planning Board has the authority to require an applicant to delineate wetlands on an abutting piece of property. Mr. Drew would like to know if the ordinance is applicable to wetlands on an abutting property. Mr. Drew wants to know what the Selectmen are going to do to fix this problem. Mr. Drew stated the Board of Selectmen has an obligation to put a stop to it. The only way to take land is by someone’s paying for it (checkbook) or eminent domain. Either way the homeowner has to be compensated. Mr. Drew asked a final question to the Board.
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If the Board continues to enforce the wetlands ordinance, will the town be liable for the unlawful taking of Mr. Drew’s property? The Board responded by telling Mr. Drew these problems have come to the attention of the Planning Board and a sub committee is being formed to review the wetlands ordinance with possible recommendations for amending it in some way. As far as they know, the correct way to correct this is to have it placed on the ballot for voting next March.
Selectman MacCleery finished by saying that arguably, all zoning takes people’s rights away, but it was originally designed for the benefit of the majority.
GENERAL BUSINESS/BOARD DISCUSSION:
Selectman DeBold reviewed with the Board, further documentation regarding sample easements for the Discretionary Preservation Easement. He will draft a sample document for the other members to review for next meeting.
The Board asked Lisa to contact Deputy Paveglio and schedule a safety inspection at 228 Horse Corner Road.
No further response has been received from the management of the Hess Station. Chairman Colbert and Selectman DeBold will visit the site and measure the signage. Once the amount of signage has been documented, the town will proceed with assessing the daily penalty of one hundred dollars ($100.00).
Mail and e-mail was reviewed.
Payroll and accounts payable was signed. The minutes of April 27, 2004 were approved as written.
Being no further business, the chairman adjourned the meeting at 10:10pm.
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Respectfully submitted,
Lisa Stevens
Administrator
_______________________________
Chairman Colbert
_______________________________
Richard DeBold
APPROVED AS CORRECTED _________________________ 5/11/04
Stephen MacCleery
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